Congratulations to Chief Counsel Anthony Benedetti on receipt of the National Association of Criminal Defense Lawyers (NACDL) Champion of State Criminal Justice Reform Award, which “recognizes an individual or group whose tremendous efforts have led toward progressive reform of a state criminal justice system.” Continue reading
YOU ARE CORDIALLY INVITED TO ATTEND
THE COMMITTEE FOR PUBLIC COUNSEL SERVICES 2017 AWARDS CEREMONY
TO HONOR MEMBERS OF OUR STAFF AND PRIVATE BAR
JOHN ADAMS COURTHOUSE, PEMBERTON SQUARE, BOSTON
TUESDAY, APRIL 25, 2017 — 5:00 – 7:00 p.m.
Jane Addams Award for Outstanding Social Service Accomplishments
Jay D. Blitzman Award for Youth Advocacy
Laura Chrismer Edmonds
Carol A. Donovan Award for Exceptional Advocacy
Lisa M. Kavanaugh
Edward J. Duggan Private Counsel Award for Outstanding Service
Andrew S. Crouch
Edward J. Duggan Public Counsel Award for Outstanding Service
Paul J. Liacos Mental Health Advocacy Award
Brandon L. Campbell
Thurgood Marshall Award
Derege B. Demissie
Maura Mellen Administrative Professional Award
Jessie Altagracia Brito
Maria Souto-Armand Goyette Investigator Award
Margaret Winchester Child Welfare Advocacy Award
Sarah E. Schooley
RECEPTION TO FOLLOW AWARD CEREMONY — PLEASE RSVP HERE
The Impressive Top-to-Bottom Makeover of the Massachusetts Juvenile Justice System http://nationswell.com/massachusetts-juvenile-criminal-justice-makeover/
Each year, the Committee for Public Counsel Services recognizes the work of individuals who dedicate their careers to overcoming injustice, and championing the cause of zealous representation and effective assistance of counsel.
A listing of the past award recipients from 1998 through 2017 can be found here: Award Recipients – 1998 – 2017
Please see the attached link to view the Innocence Program Holiday letter: 2016 Holiday newsletter
All meetings will be held on the 3rd Wednesday of the month, except where noted.
- January 25 (4th Wednesday)
- February 15
- March 15
- April 12 (2nd Wednesday)
- May 17
June 21June 20 (Tuesday)
- July 19
- August — NO MEETING
- September 20
- October 18
- November 15
- December 20
Attorney Gerry Schaefer, former head of the Massachusetts Defender Committee (MDC), passed away earlier this month at his home in Easthampton, MA. Although I never had the pleasure of meeting Gerry, I’ve heard many heartfelt and remarkable stories from long time and former defenders. They speak of him fondly as they have relayed their stories of what he meant to indigent defense in Massachusetts. I believe the last time Gerry was seen by many was in July 2009 at the Committee for Public Counsel Services 25th Anniversary celebration held at the John Adams Courthouse at which he made a rare appearance. Continue reading
On May 24, 2016, at the John Adams Courthouse, CPCS honored exemplary attorneys – both public and private – social workers, investigators, and professional administrative staff who dedicate their careers to overcoming injustice and championing the cause of zealous representation and effective assistance of counsel.
In describing this year’s event, CPCS Chief Counsel Anthony Benedetti said, “This year we recognized ten outstanding individuals who have made and continue to make extraordinary contributions to indigent defense. Not all of the honorees are attorneys because the best, most effective representation happens when attorneys, investigators, social workers, and other support staff expend a united effort on behalf of our clients. Zealous advocacy is only attainable through the best efforts of a team, a team made up of a variety of individuals.” Continue reading
The following is an open reply to the Massachusetts Trial Court’s call for comments regarding its Proposed Uniform Rules on Public Access to Court Records. It is the joint comment of multiple organizations and individuals. CPCS is a signatory, and this post is meant to provide some context explaining why. For a complete list of signatories, visit http://ma-court-comment.github.io/
Given that the adoption of a common data standard for the Massachusetts legal community offers the promise of increased efficiency, lower information sharing costs, and improved access to courts, we propose that the Massachusetts Trial Courts adopt a set of data standards to facilitate sharing information between the Trial Courts and other stakeholders, and that all data deemed publicly available be made accessible in a machine readable format consistent via an application programming interface (API) overseen by the courts. This would supersede the need for the Courts to create multiple, disparate portals for various stakeholders, as described in Rule 5. It would also simplify the procedures described in Rule 3 as the use cases envisioned could be conducted over the API.
Although the American tradition of providing a zealous defense, even for unpopular defendants, goes back to John Adams, it was not until March 18, 1963, that the U.S. Supreme Court declared that Clarence Earl Gideon had not received a fair trial because he was too poor to afford counsel. Gideon v. Wainwright, 372 U.S. 335 The ruling was momentous because it guaranteed the right to counsel to every person, regardless of economic or social status. Writing for a unanimous court, Justice Hugo Black declared, “In our adversary system of criminal justice, a person [hauled] into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him. This seems to be an obvious truth…. lawyers in criminal court are necessities, not luxuries.”
Here is what the right to counsel means today: On February 10, 2016, George Perrot was released from prison after serving 30 years for a crime he did not commit. He got out because of a dedicated team of pro bono lawyers and public defenders that fought for justice, even though their client appeared to be guilty of a heinous crime. They were a team that stood up to a prosecutor who had engaged in what the court called egregious misconduct; a team that listened to him and exposed the junk science that helped lead to his conviction; a team that humanized him before a judge with the courage to correct a grave injustice. In the process, this dedicated team of advocates even brought a measure of vindication to the victim of the crime, who insisted from the outset that the police arrested the wrong man. In seeking justice for Mr. Perrot, these lawyers defended all of us from the misuse of forensic evidence, the abuse of governmental power, and an undermining of the public trust in our court system.
This is important because, popular culture aside, the majority of people in need of public defenders are not drug lords, murderers, or even dangerous. Rather, most indigent who are accused are homeless, have problems with substance use, are veterans with PTSD, or are struggling with mental illness. They are young people caught up in delinquency procedures because they have been underserved by their school systems. They are your friends, family, and neighbors charged with relatively minor, non-violent offenses, and are at little or no risk of chronic court involvement. However, without an effective attorney those involved in the court process – regardless of the severity of the alleged crime – are at great risk of losing housing, being excluded from school, losing their driver’s license, paying substantial fees and fines, being deported, being involuntarily confined to a mental health facility, or losing their children. This system continues the cycle of poverty that in particular affects urban communities of color. The modern public defender not only protects the legal rights of the accused, he or she also helps clients become productive citizens by getting them into school, setting them up in drug treatment, arranging for parenting classes or anger management, helping vets get housing and medical care, and so much more.
I have the privilege to serve as Chief Counsel of the Committee for Public Counsel Services (CPCS), the Massachusetts public defender agency. Every day I am reminded of how lucky I am to be able to work with the dedicated lawyers, social workers, investigators, and other professionals that make up the indigent defense bar in Massachusetts. These lawyers, many of whom are private attorneys who accept court appointments for very little money, dedicate themselves to advising and advocating on behalf of each and every client they are assigned. In reality, they are fighting for the right of all of us to live in a society in which everyone is treated fairly regardless of our wealth, race or social standing, regardless of our age or mental status, and regardless of what bad acts we have been accused of committing. Fairness is the most fundamental value underlying a democratic society and a healthy public defender system is a critical component of a fair and effective court system.